FORMATION OF THE INSTITUTION OF THE APPLICATION OF COMPULSORY MEDICAL MEASURES IN THE RUSSIAN STATE

Abstract

The issue of legal regulation of the use of compulsory treatment measures is of interest, since it contains a number of gaps regarding the development of the institution of formation itself. The article notes the importance of studying the normative material of the XVII century, since it allows you to get a more comprehensive idea of the legal status of persons who have violated the law and are subject to compulsory treatment. The methodological basis consisted of: the method of formal legal analysis of legal acts before the XVIII century; the historical and legal method made it possible to trace the formation of the institution of the use of compulsory medical measures. The aim of the work is to analyze the legal material and the positions of researchers regarding the use of compulsory medical measures before the XVIII century. Particular importance is given to the XVII century. Since that time, the state begins to pay attention to the problem of legal regulation of the situation of persons with mental disabilities and who have violated the law. In 1669 New proof articles are accepted, which for the first time speak about the insane who committed murder, endowing them with legal personality. The author comes to the conclusion that since the XVII century in Russia, the institution of the use of compulsory medical measures begins to form, as evidenced by the available legal acts. The article shows that the place of isolation and forced treatment was, as a rule, the church. Compulsory treatment was provided for males.